The property is a detached
house. The application was for a proposed outbuilding, which would have used as a bedroom. The proposed
outbuilding would have been sited on a raised platform, which appears from the drawings to have height
0.4m.

The first key issue was
whether the proposed outbuilding would be contrary to Class E, part E.1(g), which states that “Development is
not permitted by Class E if …it would include the construction or provision of a veranda, balcony or raised
platform”.

The Inspector noted that
paragraph I of Part 1, which provides an Interpretation of Part 1, states that that ““raised” in relation to a
platform means a platform with a height greater than 300 millimetres”. He therefore concluded that the proposed
outbuilding not be permitted development.

The second key issue was
whether the proposed outbuilding would be contrary to Class E, part E.1(h), which states that “Development is
not permitted by Class E if … it relates to a dwelling”.

The Inspector stated the
following:

“In my judgement the
commonsense interpretation of E.1(h) is that it applies where the proposal is to construct a building which
provides primary residential accommodation, such as living rooms or bedrooms, which are basic elements of a
dwelling. As the proposed building is intended to include a bedroom, and having regard to the reasons for
wanting extra bedroom accommodation (*), I consider the proposal conflicts with E.1 (h).”

[* = The appellants had stated that
the existing accommodation in the house is cramped, that an existing lounge is having to be used as a bedroom, and
that the proposed outbuilding would provide private sleeping accommodation for the appellants].

Main
Conclusions:

·Where a proposed outbuilding
would involve a raised platform with height greater than 300mm, it would not be permitted
development.[Relevant to:
E.1(g)].

·Where a proposed outbuilding
would include a bedroom, which would add to the ordinary living accommodation provided by the property, it
would not be permitted development.[Relevant to: “Class E”, E.1(h)].

Links to the “Appeal Decision
Notice” and other associated documents (e.g. drawings, etc):